EU Court Declares Polish Constitutional Tribunal Lacks Independence
The European Union’s highest court has delivered a ruling that questions the independence of Poland’s Constitutional Tribunal, citing politicized appointments by the previous conservative government. The decision by the EU’s Court of Justice highlights the tribunal’s failure to uphold the principles of effective judicial protection and adherence to EU law.
Poland’s Constitutional Tribunal, tasked with ensuring that national laws and international agreements align with the Polish constitution, has been at the center of controversy. From 2015 to 2023, the Law and Justice party, Poland’s former ruling party, implemented significant changes in the justice system. These reforms included exerting political influence over key judicial institutions, notably the Constitutional Tribunal and the Supreme Court, as detailed in an AP News report.
This judicial overhaul led to tensions with the European Commission, the EU’s executive arm, which responded by challenging these reforms in court and suspending financial payments to Poland. The EU court found the appointments of three judges and the tribunal’s president under the Law and Justice party to be inconsistent with the standards of an independent and impartial tribunal as defined by EU law.
While the ruling theoretically necessitates national reforms to secure the tribunal’s independence, fulfilling this requirement has proven challenging. Despite two justice ministers from the new liberal government, which took office in 2023, efforts to restore judicial independence have stalled. This is largely due to vetoes or promised vetoes from Poland’s presidents, who are aligned with the Law and Justice party.
Poland’s Justice Minister Waldemar Żurek expressed support for the EU court’s decision. In a statement posted on X, he said, “This ruling obliges our state to take action. We must rebuild a genuine, independent Tribunal together. This is a fundamental issue for the state and citizens. We are ready for this task.”
